Introduction of Section BNS 89
BNS 89 is a law in the Bharatiya Nyaya Sanhita that deals with the severe crime of causing a miscarriage without the woman’s consent. It ensures that anyone who causes a miscarriage without the woman’s permission faces serious legal consequences, including the possibility of life imprisonment.
- Introduction of Section BNS 89
- What is section BNS Section 89 ?
- BNS Section 89 in Simple Points
- Section 89 BNS Overview
- Section 89 BNS Punishment
- BNS 89 bailable or not ?
- Bharatiya Nyaya Sanhita Section 89
- BNS Section 89 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section BNS Section 89 ?
BNS Section 89 addresses the offense of causing a miscarriage without the woman’s consent, whether she is in the early stages of pregnancy or further along. The law imposes strict penalties, including life imprisonment or imprisonment for up to ten years, along with a fine.

BNS Section 89 in Simple Points
Miscarriage Without Consent: The law makes it illegal to cause a miscarriage without the woman’s permission.
Severe Punishments: The person responsible can be punished with life imprisonment or up to ten years in jail, plus a fine.
Immediate Arrest: The police can arrest the person responsible without a warrant because it’s a serious crime.
Non-Bailable: The accused cannot easily get out on bail and might stay in jail until the trial.
Court Trial: The case is handled by a higher court that deals with serious crimes.
Section 89 BNS Overview
BNS Section 89 addresses the offense of causing a miscarriage without the woman’s consent, whether she is in the early stages of pregnancy or further along. The law imposes strict penalties, including life imprisonment or imprisonment for up to ten years, along with a fine.
BNS Section 89 – 10 Key Points (Causing miscarriage without women’s consent)
- Consent is Crucial: BNS Section 89 emphasizes that causing a miscarriage without the woman’s consent is a serious crime. This means that no one has the right to interfere with a woman’s pregnancy without her explicit permission, making consent a central element of the law.
- Applies at Any Pregnancy Stage: The law applies whether the woman is in the early or later stages of pregnancy. This is important because it ensures that all stages of pregnancy are protected under the law, not just when the fetus is more developed.
- Severe Punishment: The law provides for life imprisonment or up to ten years of imprisonment, depending on the severity of the crime. This shows how seriously the legal system treats this offense.
- Includes a Fine: Along with imprisonment, the offender can also be fined. The fine is an additional punishment meant to reinforce the seriousness of the crime.
- Non-Bailable Offense: The crime is non-bailable, meaning that once someone is arrested for this offense, they cannot easily be released on bail. This reflects the gravity of the offense.
- Cognizable Offense: As a cognizable offense, the police can arrest the accused without needing a warrant. This ensures that the authorities can act quickly to prevent further harm.
- Tried by Court of Sessions: The offense is tried in a Court of Sessions, which deals with serious criminal cases. This means that the case is given significant legal attention.
- Protects Women’s Rights: The section is designed to protect women’s rights and their bodily autonomy, ensuring that no one can force a woman into a miscarriage without her consent.
- Different from General Miscarriage Laws: BNS Section 89 specifically focuses on the lack of consent, making it distinct from other laws that might deal with miscarriage in general.
- Life Imprisonment as a Deterrent: The possibility of life imprisonment is intended to act as a strong deterrent against anyone who might consider committing this crime.
Example 1:
A man forcibly administers a substance to his partner, causing her to miscarry without her consent. Under BNS Section 89, he could face life imprisonment or a ten-year sentence along with a fine.
Example 2:
A woman is coerced by her family into taking drugs that result in a miscarriage. The family members responsible can be charged under BNS Section 89 and face severe legal consequences, including imprisonment and a fine.
Section 89 BNS Punishment
Imprisonment: The punishment for causing a miscarriage without a woman’s consent can be as severe as life imprisonment, or imprisonment for up to ten years, depending on the circumstances of the case.
Fine: Along with imprisonment, the offender is also liable to pay a fine, adding a financial penalty to the legal consequences.

BNS 89 bailable or not ?
BNS Section 89 is non-bailable, meaning the accused cannot automatically get bail and may remain in custody until the court grants bail, which is often more difficult for severe crimes like this.
Bharatiya Nyaya Sanhita Section 89
Points | Details |
---|---|
Offense | Causing miscarriage without the woman’s consent |
Definition | Intentionally causing a miscarriage without the woman’s permission |
Punishment | Life imprisonment, or imprisonment up to 10 years, plus a fine |
Bailable | No, the offense is non-bailable |
Cognizable | Yes, the offense is cognizable; the police can arrest without a warrant |
Trial Court | Court of Sessions |
The Bharatiya Nyaya Sanhita (BNS) Section 89 replaces the old Indian Penal Code (IPC) Section 313.
BNS Section 89 FAQs
What is BNS Section 89 about?
BNS Section 89 addresses the crime of causing a miscarriage without the woman’s consent, imposing severe punishments for such actions.
What is the punishment under BNS Section 89?
The punishment can include life imprisonment or imprisonment for up to ten years, along with a fine.
Is BNS Section 89 a bailable offense?
No, it is a non-bailable offense, meaning bail is not easily granted.
Can the police arrest someone under BNS Section 89 without a warrant?
Yes, it is a cognizable offense, so the police can arrest without a warrant.
Where is the trial for BNS Section 89 held?
The trial is held in a Court of Sessions.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.
Right to Information RTI act :Your Comprehensive Guide (Part 1)
Explore the essence of the Right to Information (RTI) Act through this symbolic image. The image features legal documents, emphasizing the importance of transparency and accountability in governance. The scales of justice represent the balance achieved through the citizens’ right…
What is Article 371 of Indian Constitution ?
Article 371 of the Indian Constitution grants special provisions to specific states and regions within India, addressing their unique historical, social, and cultural circumstances. These provisions aim to accommodate diverse needs and protect cultural identities within the constitutional framework.
Indian Labour law : Your Comprehensive Guide (Part 1)
The purpose of labour laws is to safeguard employees and guarantee equitable treatment at the workplace, encompassing aspects such as remuneration, security, and perks. These regulations establish a secure ambiance by imposing minimum wage requirements, ensuring factory safety measures are…
GST :Your Comprehensive Guide (Part 1 – Understanding the Basics)
The Goods and Services Tax (GST) is like a big change in how we pay taxes in India. It started on July 1, 2017, and it’s here to simplify things. Before GST, we had many different taxes, and it could…